County Oks Guidelines For Police Car Pursuits

November 17, 1992|By LARRY BARSZEWSKI, Staff Writer

Catching a driver who ran a red light is not as important as protecting innocent bystanders who might be endangered by a high-speed chase, Palm Beach County`s Criminal Justice Commission said on Monday.

The commission voted to endorse new guidelines restricting when police can put the pedal to the metal and go after suspects.

Under the endorsed policy, a high-speed pursuit would be allowed only when police officers and sheriff`s deputies have probable cause think believe a violent felony has been committed.

They would not be allowed to conduct the chases for routine traffic offenses such as speeding or running a stop sign because of potential harm to themselves or others.

``I think the policy makes so much sense I`m surprised we hadn`t done it before,`` said F. Malcolm Cunningham, a lawyer who will serve as the commission`s chairman in 1993.

Miller said the restrictive guidelines do not amount to a no-chase policy. Their implementation should not be seen as a field day for traffic violators and people suspected of other nonviolent crimes, he said.

``We`ll use all other means possible,`` Miller said. ``There`s so many other things we can do besides (high-speed) pursuit.``

Many police organizations, such as the Delray Beach Police Department and the county Sheriff`s Office, already have restrictive policies in place. The policy has the approval of the county`s police chiefs. The Florida Highway Patrol implemented a similar policy last week.

The commission`s endorsement of a countywide policy is designed to increase the public`s awareness of the guidelines and to reinforce to individual officers what they should be doing, Miller said.

In addition to the endorsement, the commission also recommended the state Legislature increase the penalty for fleeing or attempting to elude police, making it a third-degree felony. The change would increase the punishment from a maximum one year in jail and $1,000 fine to a maximum five years in jail and $5,000 fine.

The commission also endorsed a restrictive countywide deadly force policy, which officials said most departments already have in place. Deadly force could only be used to prevent death or great bodily harm to an officer or another person.

It could not be used to stop a fleeing felon, which raised concerns from some commission members. However, officials said recent Supreme Court rulings already prohibit such action.

``I didn`t say it made sense. I said it was the law,`` Commission Chairman Monroe ``Al`` Coogler said.